(a) Initial Appearance
(1) Upon the filing of a petition alleging a violation of the conditions of probation or
supervised release, an initial appearance will be held before a magistrate judge.
(2) If the person is in custody:
[A] the initial appearance will be scheduled without unnecessary delay, but in no
case more than 7 days after the petition is filed, absent extenuating circumstances;
[B] the hearing on a motion for release pending the revocation hearing may be
combined with the initial appearance; and
[C] the hearing may take place by video conference.
(b) Agreed Modification
(1) If the parties agree upon a modification of the condition(s) or term of probation or
supervision in lieu of revocation, the probation officer will prepare a Petition to Modify
the Conditions of Supervision and a Waiver of Hearing and Consent to Modify for the
Court’s approval.
Local Criminal Rules for the District of Alaska
Updated October 15, 2025
Page 8
(2) The petition and waiver will be forwarded to the appropriate judicial officer for
approval or rejection.
(3) If modification is approved by the court, unless further action by the court is
required, the government must move to dismiss the petition with or without prejudice.
(c) Evidentiary Hearings
If the defendant denies the allegations of violation(s) of the conditions of probation or
supervised release, a hearing on the merits of the petition will be scheduled without undue
delay.
(1) Evidentiary hearings will be heard by a magistrate judge if:
[A] sentence was imposed by a magistrate judge; or
[B] referred by a district judge, upon consent by the defendant.
(2) Upon conclusion of an evidentiary hearing referred to a magistrate judge under
subparagraph (c)(1)(B), a report and recommendation(s) regarding the violation(s) will
be made on the record before the parties.
[A] Any objection to the report and recommendation(s) must be filed within 7 days
of the date announced;
[B] If no objection is timely filed, the court may adopt the report and
recommendations(s) without further hearing or notice to the parties.
(d) Disposition Hearing
Upon the entry of an order finding a violation, unless the court finds that there is sufficient
information in the record to enable the meaningful exercise of sentencing authority under
18 U.S.C. §§ 3553, 3565, or 3583, the court will schedule a disposition hearing.
(e) Sentencing Recommendation for Violation Disposition
(1) The Probation Office will prepare a Sentencing Recommendation for Violation
Disposition that includes, if available, any agreed-upon disposition, and identifies any
significant legal or factual issues.
(2) Unless otherwise ordered by the court:
[A] The Sentencing Recommendation for Violation Disposition must be filed not less
than 7 days prior to the disposition hearing.
[B] A party with significant legal or factual disputes with the Sentencing
Recommendation must file a disposition memorandum not less than 2 business
days prior to the disposition hearing.
(3) Defense counsel must review the Sentencing Recommendation for Violation
Disposition with the defendant(s).
Local Criminal Rules for the District of Alaska
Updated October 15, 2025
Page 9
(f) Hearing on Disposition
If either party intends to call witnesses at the disposition hearing, an expedited notice of
intended length of hearing shall be filed. At the hearing the court may:
(1) consider material submitted by the parties without regard to admissibility at trial,
provided that the material submitted is deemed credible by the court; and
(2) in appropriate cases, consider testimony.
(g) Disposition Agreements
Any disposition agreement must be placed on the record, and be previously
communicated to the probation officer for inclusion in the Sentencing Recommendation for
Violation Disposition.
